Acts Prohibited by Law and Subject to Criminal Sanctions

It is a felony to remove the dead body of a human being or any part thereof from any grave or other place of burial with the intent to sell the remains, dissect the remains, or out of malice or wantonness. The penalty for this crime may include a term of imprisonment in the State Penitentiary not exceeding five years, or in the county jail not exceeding one year, or by a fine not exceeding $5,000.00, or by both such fine and imprisonment.

It is a felony to open any grave or any place of burial, temporary or otherwise, with the intent to either sell the dead body or for purposes of dissection or to steal the coffin or any articles buried with the body. The penalty for the this crime is a term of imprisonment not to exceed two years in a State Penitentiary, or a term of imprisonment in a county jail not to exceed six months, or by a fine of up to $250, or by both a fine and imprisonment.

It is a misdemeanor to willfully fail to report the presence or discovery of human skeletal remains or what is believed may be human skeletal remains to law enforcement officers in the county in which the remains were discovered within forty-eight hours.

It is a felony to knowingly disturb or permit the disturbance of human skeletal remains or funerary objects except by a law enforcement officer, registered mortician, a representative of the Office of the Chief Medical Examiner, a professional archaeologist or physical anthropologist, or other officials designated by law in performance of official duties.

What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?

It is a felony to purchase or receive human remains with knowledge that the body has been removed. This crime is punishable by imprisonment in the State Penitentiary not exceeding five years, or in a county jail not exceeding one year, or by a fine not exceeding $500.00, or by both such fine and imprisonment.

A violation of Okla. Stat. tit. 21, § 47-1168.1. is punishable by a fine not exceeding $1,000.00, by imprisonment in the State Penitentiary not exceeding two years, or by both such fine and imprisonment.

What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?

It is a felony to remove the dead body of a human being or any part thereof from any grave or other place of burial with the intent to sell the remains, dissect the remains, or out of malice or wantonness. The penalty for this crime may include a term of imprisonment in the State Penitentiary not exceeding five years, or in the county jail not exceeding one year, or by a fine not exceeding $5,000.00, or by both such fine and imprisonment.

It is a felony to open any grave or any place of burial, temporary or otherwise, to steal the coffin or any articles buried with the body. The penalty for the this crime is a term of imprisonment not to exceed two years in a State Penitentiary, or a term of imprisonment in a county jail not to exceed six months, or by a fine of up to $250, or by both a fine and imprisonment.

What is the criminal liability for unlawfully disturbing human remains and funerary objects?

It is a felony to knowingly disturb or permit the disturbance of human skeletal remains or funerary objects except by a law enforcement officer, registered mortician, a representative of the Office of the Chief Medical Examiner, a professional archaeologist or physical anthropologist, or other officials designated by law in performance of official duties.

A violation of Okla. Stat. tit. 21, § 47-1168.4. is punishable by a fine not exceeding $1,000.00, by imprisonment in the State Penitentiary not exceeding two years, or by both such fine and imprisonment.

It is a felony to open any grave or any place of burial, temporary or otherwise, with the intent to either sell the dead body or for purposes of dissection or to steal the coffin or any articles buried with the body. The penalty for the this crime is a term of imprisonment not to exceed two years in a State Penitentiary, or a term of imprisonment in a county jail not to exceed six months, or by a fine of up to $250, or by both a fine and imprisonment.

What is the criminal liability for defacing or destroying historical or archaeological sites?

It is a misdemeanor to willfully or knowingly break, break off, crack, carve upon, write, or otherwise mark upon, or in any manner damage, destroy, mutilate, deface, mar, take or harm any historic or prehistoric site, building, object, artifact, fossil or material in, around or upon any historic site owned, operated, managed or under the control of or under an easement granted to the Oklahoma Historical Society. The penalty for this crime is a fine not to exceed $500, or a term of imprisonment in a county jail not exceeding one year, or both such fine and imprisonment.

It is a misdemeanor to willingly injure, disfigure, remove or destroy any archaeological resources, prehistoric or historic structure, site, monument, marker, medallion, burial, burial marker or artifact without lawful authority. The penalty for this crime is a fine not less than $100 and not more than $500, or a term of imprisonment in a county jail not exceeding thirty days, or both such fine and imprisonment. Additionally all articles and materials and related records wrongfully acquired will be forfeited to the state for final disposition .

What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?

It is a crime to willfully with malicious intent destroy, mutilate, deface, injure or remove any tomb, monument or gravestone, or other structure placed in any cemetery or private burying ground, or any fence, railing, or other work for the protection or ornament of any such cemetery or place of burial, or tomb, monument or gravestone, memento, veteran marker from any war, or memorial, or of any lot within a cemetery, or shall willfully or with malicious intent destroy, cut, break, or injure any tree, shrub or plant, within the limits thereof. The crime is a misdemeanor if the amount of damage is less than $5,000.00 and is punishable by a fine of not more than $1,000.00, or by imprisonment in the county jail for not less than ninety days, or by both such fine and imprisonment. Additionally, the court will impose a community service requirement not exceeding 120 hours. The crime is a felony if the amount of damage exceeds $5,000.00 and is punishable by a fine of not more than $2,500.00, or by imprisonment in the county jail for not less than six months, or by both such fine and imprisonment. Additionally, the court will impose a community service requirement not exceeding 240 hours.

What is the criminal liability for unlawfully taking or possessing monuments or gravestones?

It is a crime to willfully with malicious intent remove any tomb, monument or gravestone. The crime is a misdemeanor if the amount of damage is less than $5,000.00 and is punishable by a fine of not more than $1,000.00, or by imprisonment in the county jail for not less than ninety days, or by both such fine and imprisonment. Additionally, the court will impose a community service requirement not exceeding 120 hours. The crime is a felony if the amount of damage exceeds $5,000.00 and is punishable by a fine of not more than $2,500.00, or by imprisonment in the county jail for not less than six months, or by both such fine and imprisonment. Additionally, the court will impose a community service requirement not exceeding 240 hours.

What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?

It is a crime to willfully or knowingly, break, break off, crack, carve upon, write or otherwise mark upon, or in any manner destroy, mutilate, deface, mar or harm any natural material found in any cave or cavern located on any public lands or other lands owned by the United States, the State of Oklahoma, or any county, municipality, school district or other instrumentality of government, or on private property without the prior written consent of the owner.

It is a misdemeanor to intentionally and knowingly deface American Indian or aboriginal paintings, pictographs, petroglyphs or other marks or carvings on rock or elsewhere that are of archaeological interest and pertain to early American Indian or aboriginal habitation of the country. The penalty for this crime is a fine not less than $100 and not more than $500, or a term of imprisonment in a county jail not exceeding thirty days, or both such fine and imprisonment. Additionally, all articles and materials and related records wrongfully acquired will be forfeited to the state for final disposition .

It is a crime to willfully and with malicious intent destroy, mutilate, deface, injure or remove any monument or gravestone. The crime is a misdemeanor if the amount of damage is less than $5,000.00 and is punishable by a fine of not more than $1,000.00, or by imprisonment in the county jail for not less than ninety days, or by both such fine and imprisonment. Additionally, the court will impose a community service requirement not exceeding 120 hours. The crime is a felony if the amount of damage exceeds $5,000.00 and is punishable by a fine of not more than $2,500.00, or by imprisonment in the county jail for not less than six months, or by both such fine and imprisonment. Additionally, the court will impose a community service requirement not exceeding 240 hours.

It is a felony to knowingly and willfully desecrate a human corpse for the purpose of tampering with the evidence of a crime; camouflaging the death of human being; disposing of a dead body; impeding or prohibiting the detection, investigation or prosecution of a crime; altering, inhibiting or concealing the identification of a dead body, a crime victim, or a criminal offender; or disrupting, prohibiting or interfering with any law enforcement agency or the Office of the State Medical Examiner in detecting, investigating, examining, determining, identifying or processing a dead body, cause of death, the scene where a dead body is found, or any forensic examination or investigation relating to a dead body or a crime. The penalty for this crime is imprisonment in the custody of the Department of Corrections for a term not more than seven years, by a fine not exceeding $8,000.00, or by both such fine and imprisonment.

One who finds lost property and circumstances give him knowledge or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person, without first attempting to return the property to the owner in a way that the circumstances render reasonable and just, is guilty of larceny.

Grand larceny is a felony punishable by imprisonment in the State Penitentiary for a term not exceeding five years if the value of the property is at least $500. If the value of the property is less than $500, the offense is punishable by incarceration in the county jail for a term not exceeding one year, or by incarceration in the county jail for one or more nights or weekends with the remaining portion of each week being spent under supervision, a fine of not more than $5,000. The convicted will also be required to provide restitution to the victim.

It is a felony to buy or receive any personal property that has been stolen, embezzled, obtained by false pretense or robbery, either knowing or having reasonable cause to believe the property was stolen. This crime is punishable by a term of imprisonment in the State Penitentiary not to exceed five years, or in the county jail not to exceed one year, or by a fine not to exceed $500.00, or by both such fine and imprisonment.

If the circumstances should cause a buyer to make reason inquiry as whether such property is stolen, he is presumed to have knowledge that the property is stolen. This presumption may be rebutted by proof.

It is a misdemeanor to willfully enter private land that is primarily devoted to farming, ranching, or forestry without permission. This crime is punishable by a fine not less than $500 and not more than $1,500. Additionally, the court shall order restitution for actual damages incurred. Persons convicted of a second or subsequent offense shall be guilty of a misdemeanor and will be punished by a fine not less than $1,500 and not more than $2,500.00, or by a term of imprisonment for not less than thirty days and not more than six months, or by both such fine and imprisonment. Additionally, the court shall order restitution for actual damages incurred.

It is a misdemeanor to enter private land that is primarily devoted to farming, ranching, or forestry and commit or attempt to commit waste, theft, or damage. This crime is punishable by a fine not less than $250 and not more than $500 or by a term of imprisonment not more than six months, or by both such fine and imprisonment. Additionally, the court shall order restitution for actual damages incurred. Persons convicted of a second or subsequent shall be guilty of a misdemeanor and shall be punished by a fine not less than $700 and not more than $1,500, or by a term of imprisonment for not less than thirty day, and not more than six months, or by both such fine and imprisonment. Additionally, the court shall order restitution for actual damages incurred.

It is a crime to maliciously injure, deface or destroy any real or personal property belonging to another. The crime is a misdemeanor if the damage causes a loss in value of the property of less than $1000. The crime is a felony if the damage causes a loss in value of the property of $1000 or more, or if the defendant has been convicted two or more times for maliciously defacing the property of another.

What are the general state criminal laws for hate crimes?

We are unable to locate information relevant to this question at this time.

Acts Prohibited by Law and Subject to Civil or Administrative Sanctions

How is the excavation of historical and archaeological resources restricted in this state?

Before any exploration or excavation is made in or on any prehistoric ruins or archaeological site on the Oklahoma State Register, or on property owned by or under the control of the State of Oklahoma, a permit must be obtained from the State Archaeologist .

How is the collection or removal of historical and archaeological resources restricted in this state?

All articles, implements and material found or discovered by any investigations, explorations, or excavations of any prehistoric ruins, ancient burial grounds, pictographs, petroglyphs, prehistoric specimens, utensils, and trinkets, and all other archaeological features discoveries in the state on state lands, must be donated to the state.

What specific laws restrict the alienation or use of historic burial places?

The owner of land, any part of which has been used for human burial may convey or devise any designated part or the whole of such land, together with roads and rights of way for the ingress and egress of the public and persons interested, to the Board of County Commissioners of the County, in trust, for the use of the local community for cemetery purposes. The Board of County Commissioners shall, without charge or fee, convey the land and such right of way and road, if any has been reserved, once a cemetery corporation is formed.

The board of county commissioners may transfer any land owned by the county, which at the time of conveyance is being used for cemetery purposes, to any cemetery association land to be used exclusively for purposes of human burial.

Time Limits for bringing Criminal Action

What time limits govern the initiation of a criminal action related to the protection of burials?

Any civil action for trespass upon real property, for taking or injuring personal property must be filed within two years.

An action to recover damages for an injury suffered as a result of criminal actions may be brought against any person incarcerated on or after November 1, 2003, either at any time during the incarceration of the offender for the offense on which the action is based, or within five years after the perpetrator is released from incarceration, if the defendant was serving time for the offense on which the action is based.

Sanctions

Criminal

What are the general criminal fines and penalties for misdemeanors and felonies in the state?

For fines and penalties associated with crimes related to burials and historic preservation, see individual crimes explained above.

What are the class designation for misdemeanors and felonies in the state?

Any cemetery consisting of ten or more graves must allow sufficient ingress to and egress from by allowing the establishment of streets, roads or other public rights-of-way for such purpose and also must allow sufficient access within the cemetery.

Any relative of the deceased who wishes to visit an abandoned cemetery which is completely surrounded by privately owned land, for which no public ingress or egress is available, shall have the right to reasonable ingress or egress for the purpose of visiting such cemetery during reasonable hours for the purposes usually associated with cemetery visits. An “abandoned cemetery" is any place where human skeletal remains are buried and which no body has been interred for at least twenty-five years and where such site is readily identifiable as a cemetery by an inspection of the property. The relative must make a good faith effort to notify the owners and tenants, prior to visiting the cemetery.

How are the transfer of cemetery lots and the disposition of cemetery land regulated?

We are unable to locate information relevant to this question at this time.

How will the state regulate or sell unsuitable or condemned cemetery property?

We are unable to locate information relevant to this question at this time.

What is the procedure for removing or replacing headstones?

We are unable to locate information relevant to this question at this time.

How will the state preserve historical or archaeological resources including human remains, burial places, and funerary objects threatened by public construction or public works?

We are unable to locate information relevant to this question at this time.

What are the procedures for excavating or removing remains or archeological resources on public lands?

Before any exploration or excavation is made in or on any prehistoric ruins or archaeological site on the Oklahoma State Register, or on property owned by or under the control of the State of Oklahoma., a permit must be obtained from the State Archaeologist , Oklahoma Archaeological Survey.

All articles, implements and material found or discovered by any investigations, explorations, or excavations of any prehistoric ruins, ancient burial grounds, pictographs, petroglyphs, prehistoric specimens, utensils, and trinkets, and all other archaeological features discoveries in the state on state lands, must be donated to the state.

The State Archaeologist , in consultation with the State Historic Preservation Officer shall determine the appropriate museums or institution to deposit the discoveries.

What are the procedures for excavating or removing remains or archeological resources on private lands?

Archaeological excavations on privately owned lands should be discouraged. Persons having knowledge of the location of archaeological sites in the State of Oklahoma are encouraged to communicate such information to a reputable museum, institution of higher learning, a recognized scientific or historical institution or society or the Oklahoma Archaeological Survey. Those institutions, societies or museums contacted with such information should in turn inform the State Archaeologist , Oklahoma Archaeological Survey, so that the information may be recorded in the inventory of sites maintained for the state.

What are the procedures for discoveries of human remains and artifacts of cultural significance?

It is a misdemeanor to willfully fail to report the presence or discovery of human skeletal remains or what is believed may be human skeletal remains to law enforcement officers in the county in which the remains were discovered within forty-eight hours.

If there is a reason to believe that the skeletal remains may be human, the law enforcement officer must promptly notify the landowner and the Chief Medical Examiner. If remains reported are not suspected of association with any crime, the State Archaeologist and the State Historic Preservation Officer shall be notified within fifteen days. If review by the State Archaeologist and the State Historic Preservation Officer of the human skeletal remains and any burial furniture suggests that there is a direct historical relationship to a tribal group, then the State Archaeologist shall notify the State Historic Preservation Officer , and consult with the tribal leader, designated by the Oklahoma Indian Affairs Commission, within fifteen days regarding any proposed treatment or scientific studies, and final disposition of the materials.

What are the procedures for the disposition of human remains and funerary objects?

It is a misdemeanor to willfully fail to report the presence or discovery of human skeletal remains or what is believed may be human skeletal remains to law enforcement officers in the county in which the remains were discovered within forty-eight hours.

If there is a reason to believe that the skeletal remains may be human, the law enforcement officer must promptly notify the landowner and the Chief Medical Examiner. If remains reported are not suspected of association with any crime, the State Archaeologist and the State Historic Preservation Officer shall be notified within fifteen days. If review by the State Archaeologist and the State Historic Preservation Officer of the human skeletal remains and any burial furniture suggests that there is a direct historical relationship to a tribal group, then the State Archaeologist shall notify the State Historic Preservation Officer , and consult with the tribal leader, designated by the Oklahoma Indian Affairs Commission, within fifteen days regarding any proposed treatment or scientific studies, and final disposition of the materials.

What are the procedures for the removal and re-interment of human remains from cemeteries?

We are unable to locate information relevant to this question at this time.

How does the state regulate the opening and construction of highways through burial grounds or cemeteries?

We are unable to locate information relevant to this question at this time.

How does the state identify, preserve, and control Native American sacred sites?

We are unable to locate information relevant to this question at this time.

How does the state preserve historic lands from surface mining?

We are unable to locate information relevant to this question at this time.

What are the procedures for the exploration of submerged and underwater sites?

We are unable to locate information relevant to this question at this time.

What are the procedures for transferring land and property containing historic or cultural resources?

A cemetery association is formed in each county, consisting of two members from each commissioner’s district. Members are elected by the public at a mass meeting held on the first Monday in May on odd numbered years.

Before any exploration or excavation is made in or on any prehistoric ruins or archaeological site on the Oklahoma State Register, or on property owned by or under the control of the State of Oklahoma., a permit must be obtained from the State Archaeologist , Oklahoma Archaeological Survey.

All articles, implements and material found or discovered by any investigations, explorations, or excavations of any prehistoric ruins, ancient burial grounds, pictographs, petroglyphs, prehistoric specimens, utensils, and trinkets, and all other archaeological features discoveries in the state on state lands, must be donated to the state.

The State Archaeologist , in consultation with the State Historic Preservation Officer shall determine the appropriate museums or institution to deposit the discoveries.

It is a misdemeanor to willfully fail to report the presence or discovery of human skeletal remains or what is believed may be human skeletal remains hours to law enforcement officers in the county in which the remains were discovered within forty-eight hours. If there is a reason to believe that the skeletal remains may be human, the law enforcement officer must promptly notify the landowner and the Chief Medical Examiner. If remains reported are not suspected of association with any crime, the State Archaeologist and the State Historic Preservation Officer shall be notified within fifteen days. If review by the State Archaeologist and the State Historic Preservation Officer of the human skeletal remains and any burial furniture suggests that there is a direct historical relationship to a tribal group, then the State Archaeologist shall notify the State Historic Preservation Officer , and consult with the tribal leader, designated by the Oklahoma Indian Affairs Commission, within fifteen days regarding any proposed treatment or scientific studies, and final disposition of the materials.

Who has the ownership rights of archaeological specimens or objects of cultural significance?

All articles, implements and material found or discovered by any investigations, explorations, or excavations of any prehistoric ruins, ancient burial grounds, pictographs, petroglyphs, prehistoric specimens, utensils, and trinkets, and all other archaeological features discoveries in the state on state lands, must be donated to the state.

The State Archaeologist , in consultation with the State Historic Preservation Officer shall determine the appropriate museums or institution to deposit the discoveries.

What rights do nonresidents of the state maintain?

We are unable to locate information relevant to this question at this time.

Who has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?

We are unable to locate information relevant to this question at this time.

Who has dominion and control of state historic or archaeological resources?

We are unable to locate information relevant to this question at this time.

Who sits on the state historical commission, and how are these members appointed?

We are unable to locate information relevant to this question at this time.

The Board of Directors of the Oklahoma Historical Society consists of not more than twenty-five members, with the Governor as an ex officio member. Each member of the Board of Directors shall hold office until the successor of the member is elected and qualified pursuant to the provisions of the constitution of the Society.

Scope of Authority

What powers and responsibilities are delegated to cemetery associations in the state?

In any county where a county cemetery association has been formed, the duties, functions, powers and privileges listed below that are imposed by law upon the Board of County Commissioners are delegated to the county cemetery association.

The county cemetery association is authorized to make an annual appropriation sufficient for the purpose of enlarging, maintaining, caring for, beautifying and landscaping those cemeteries which were, prior to August 15, 1933, owned by townships in this state and were maintained and kept by the township board of trustees or by the board of county commissioners as the governing board of the township.

The Oklahoma Historical Society has the power and duty to acquire any interest in real property or real estate by gift, devise, purchase or otherwise as may be necessary in carrying into effect the purpose of the Oklahoma Historical Preservation Act.

The Oklahoma Historical Society has the power and duty to operate and manage historic and archaeologic sites, buildings and properties acquired under the provisions of the Oklahoma Historical Preservation Act, together with lands and subordinate buildings for the benefit of the public. The Society has the power to charge reasonable visitation fees and grant concessions, leases or permits for the use of land, building space, roads or trails when necessary or desirable either to accommodate the public or to facilitate administration.

What are the powers of municipal and county governments regarding park and historical sites?

We are unable to locate information relevant to this question at this time.

Township board of trustees of any organized township of Oklahoma or the Board of County Commissioners may oversee public cemetery property. In any county where a county cemetery association has been formed, the duties, functions, powers and privileges listed below that are imposed by law upon the Board of County Commissioners are delegated to the county cemetery association.

1. Collect, purchase, catalog, store, preserve, conserve and maintain books, maps, photographs, newspapers, records, reports, manuscripts, charts, paintings, three-dimensional artifacts and other materials germane to the history of Oklahoma, the Indian and the West;

2. Gather and utilize collected materials to create interpretive exhibits illustrative of the history of Oklahoma, the United States and the world in the Oklahoma Museum of History and at other museums and historic sites;

3. Prepare and publish materials relative to the history of the State of Oklahoma. These materials may be offered for sale to the public at museums and historic sites operated by the Society;

4. Publish materials relating to the Society's transactions and research that may be useful to its membership and the public. Such publications shall include an annual report of its collections;

5. Develop an oral history program for the State of Oklahoma designed to promote the preservation and utilization of oral history within the state concerning significant elements of the social, political, economic, cultural, educational, ethnic and military history of the geographical area; transcribe, index, catalog and maintain the results of these interviews to make them readily available to the public and historical researchers;

6. Develop an educational program available to schools and the public with information pertaining to the history of Oklahoma through the utilization of collections and properties held by the Society. Reasonable charges may be made for the dissemination of any such facts or information;

7. Work with the Oklahoma Capitol Complex and Centennial Commemoration Commission to prepare a master report for the Governor and Legislature on promotion, enhancement and preservation of the military history of Oklahoma.

1. Acquire any interest in real property or real estate by gift, devise, purchase or otherwise as may be necessary in carrying into effect the purpose of the Oklahoma Historical Preservation Act.

2. Enter into contracts and to execute all instruments necessary to fulfill its duties, respecting the protection, preservation, maintenance and operation of historic buildings, sites and/or objects as it may select.

3. Correlate and preserve drawings, plans, photographs and other data of historic and archaeologic sites, buildings and objects.

4. Make surveys of historic and archaeologic sites, buildings, and objects for the purpose of determining which possess exceptional value as commemorating or relating to the history of Oklahoma.

5. Make necessary investigations and research in Oklahoma relating to particular sites, buildings or objects to obtain true and accurate historical and archaeological facts and information concerning such sites, buildings or objects.

6. Contract and make cooperative agreements with municipalities, corporations, associations and individuals in order to protect, preserve, maintain or operate any historic or archaeologic building, site, object or property used in connection with the public use.

8. Operate and manage historic and archaeologic sites, buildings and properties acquired under the provisions of the Oklahoma Historical Preservation Act, together with lands and subordinate buildings for the benefit of the public. The Society has the power to charge reasonable visitation fees and grant concessions, leases or permits for the use of land, building space, roads or trails when necessary or desirable either to accommodate the public or to facilitate administration.

9. Organize a corporation under the laws of this state when it would be administratively burdensome to restore, reconstruct, operate or maintain any particular historic or archaeologic site, building or property donated to the state.

How does the state historical commission register or include historical property?

The State Historic Preservation Officer , in consultation with the Oklahoma Historic Preservation Review Committee, keeps a listing of sites, districts, structures, buildings, areas or objects which are significant in the history, architecture, archeology, or culture on the State Register of Historic Places. The State Historic Preservation Officer , with the advice of the Review Committee, creates the procedures and the criteria for listing in the State Register.

What are the powers and duties of the state archaeological commission?

We are unable to locate information relevant to this question at this time.

How is the rehabilitation and preservation of historic property conducted?

The Oklahoma Historical Society has the power and duty to restore, reconstruct, rehabilitate, preserve and maintain historic or prehistoric sites, buildings, objects, and properties of historical and archaeological significance.

What specific historic or cultural properties are regulated by the state’s historical commission?

We are unable to locate information relevant to this question at this time.

Special Funding Sources

Special Funding for Protection and Preservation of Burials

How is the income from cemetery land to be used and dispersed in this state?

The proceeds arising from the sale of lots, after deducting all expenses of purchasing, inclosing, laying out and improving the ground, and of erecting buildings, shall be exclusively applied, appropriated and used in protecting, preserving, improving and embellishing the cemetery and its appurtenances, and to paying the necessary expenses of the corporation and must not be appropriated to any purpose of profit to the corporation or its members.

How is a state historic acquisition and preservation fund administered?

We are unable to locate information relevant to this question at this time.

How are trust funds for the maintenance of cemeteries established and administered?

No burial association shall invest its trust funds except in bonds and securities which are the direct obligations of the United States or in cash deposits in regularly established national or state banks.

1. Collect, purchase, catalog, store, preserve, conserve and maintain books, maps, photographs, newspapers, records, reports, manuscripts, charts, paintings, three-dimensional artifacts and other materials germane to the history of Oklahoma, the Indian and the West;

2. Gather and utilize collected materials to create interpretive exhibits illustrative of the history of Oklahoma, the United States and the world in the Oklahoma Museum of History and at other museums and historic sites;

3. Prepare and publish materials relative to the history of the State of Oklahoma. These materials may be offered for sale to the public at museums and historic sites operated by the Society;

4. Publish materials relating to the Society's transactions and research that may be useful to its membership and the public. Such publications shall include an annual report of its collections.

The Oklahoma Historical Society also has the power to contract and make cooperative agreements with municipalities, corporations, associations and individuals in order to protect, preserve, maintain or operate any historic or archaeologic building, site, object or property used in connection with the public use.

What funding exists for state historical education efforts?

We are unable to locate information relevant to this question at this time.

What funding exists for state museums’ scientific services?

We are unable to locate information relevant to this question at this time.

Special Funding for Public Lands

What special funding sources are there for protection and preservation of burials on public lands?

The excise board of each county may approve appropriations, not to exceed $3000 a year, in the county budget for the "County Cemetery Budget Account," for the purpose of defraying the expenses of landscaping, beautifying, maintaining and improving of the publicly owned cemeteries.

Special Funding for Private Lands

What special funding sources are there for protection and preservation of burials on private lands?

We are unable to locate information relevant to this question at this time.

The Governor, or named designee, may negotiate and enter into cooperative agreements on behalf of this state with federally recognized Indian Tribal Governments. Such agreements are subject to approval by the Joint Committee on State-Tribal Relations. If the cooperative agreements involve trust responsibilities, approval by the Secretary of the Interior or designee is required.

Are the state recognized tribes different from the federally-recognized tribes in the state?

Accredited educational institutions, officially designated institutions, or museums that come into possession of human skeletal remains , or upon becoming aware that they possess human skeletal remains or associated burial furniture , from Oklahoma must consult with tribal leaders that have been designated by the Oklahoma Indian Affairs Commission regarding the final disposition of the remains prior to any activities related to scientific or educational purposes. If direct historical ties to existing tribal groups cannot be established, the institution must consult with the State Historic Preservation Officer , State Archaeologist and the Director of the Oklahoma Museum of Natural History regarding final disposition take place with.

How are Indian sacred sites regulated?

We are unable to locate information relevant to this question at this time.

The Oklahoma Indian Affairs Commission consists of twenty members. This includes nine voting members appointed by the governor with the advice and consent of the Senate and eleven nonvoting, ex officio members. Each appointed member must be an enrolled member of one of the thirty-nine tribal governments in Oklahoma. All Commission members must be residents of the State of Oklahoma at the time of their appointment. Appointments to the Commission serve a three year term.

The Oklahoma Indian Affairs Commission works toward promoting unity, purpose and understanding among the Indian people of Oklahoma. The Commission serves as liaison between the Indian people of the state, Indian leaders of the state, tribal governments, private sector entities, the various federal and state agencies, and the executive and legislative branches of the state government, who share a concern for developing mutual goals beneficial to Indian affairs. In furtherance of these goals the commission will:

1. Annually choose a Chairman, who will be the presiding officer at all meetings of the Commission, and will appoint other necessary part-time and full-time personnel;

2. Appoint an advisory committee or committees. Members of any such advisory committee, will receive no compensation, but will be entitled to travel reimbursement;

3. Foster, conduct and contract for research projects and prepare and disseminate to private businesses and industry its reports, findings and other pertinent facts and information that may assist business and industry in promoting opportunity for all Indian people;

4. Make an annual report to the Governor and to the Legislature of its activities;

5. Make recommendations concerning additional state and federal legislation in the field of Indian affairs; and

6. Develop and promote cooperative programs between tribal governments, state government and private entities in the areas of health, education, tourism and economic development.

There is the Native American Cultural and Educational Authority of Oklahoma, which is authorized and empowered to construct, maintain, repair and operate a Native American cultural center, museum and theme park.

Special Funding

What special funding sources are there for state recognition or acknowledgement of constituent groups?

There is a revolving fund for the Department of Commerce in the State Treasury, which is designated the “Native American cultural and Educational Authority Fund." The fund will be a continuing fund, not subject to fiscal year limitations.

Definitions

"Human skeletal remains" means the bony portion of a human body which remains after the flesh has decomposed;

"State Archaeologist" means the individual of this title employed by the Oklahoma Archeological Survey.

"State Historic Preservation Officer" means the individual of this title appointed by the Governor and employed by the Oklahoma Historical Society

"Burial furniture" means any items intentionally placed with human remains at the time of burial and shall include but not be limited to burial markers, items of personal adornment, casket and hardware, stone, bone, shell and metal ornaments and elaborately decorated pottery vessels;

A recorded, perpetual, nonpossessory interest in real property held by a government entity or by a qualified nonprofit entity that imposes restrictions or affirmative obligations on the property’s owner or lessee to retain or protect natural, scenic, or open-space values of real property, ensure its availability for agricultural, forest, recreational , or open-space use, protect natural resources and habitat, maintain or enhance air or water quality, or preserve the historical, architectural, archeological, or cultural aspects of the real property.

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